Cases: Civil Rights

Civil Rights:  Special Education Code Fee-Shifting Statute Allows Reasonable Fee Award, Not Necessarily Limited To Attorney-Client Contingency Fee Arrangement

Cases: Civil Rights

Education Code Section 44944(f)(2) Was At Issue.             In Walent v. Commission on Prof. Competence of the LAUSD, Case No. B266265 (2d Dist., Div. 7 Feb. 21, 2017) (unpublished), petitioner successfully challenged her dismissal from employment from the L.A. Unified School District.  Education Code section 44944(f)(2) allowed her to seek “reasonable attorney’s fees incurred by

Civil Rights/Lodestar: Trial Court Award Of Fees Under Section 1983 Reversed And Remanded For Impermissible Double Deduction From Lodestar And Failure To Consider Limited Success In Calculating Fees On Fees

Cases: Civil Rights, Cases: Lodestar

  Also, Costs Improperly Excluded From Fee Calculus As Permitted Under § 1983.     The Third District in Clapp v. Terry, Case No. C076562 (3d Dist. Nov. 23, 2016) (unpublished) is an important primer on the proper methodology to be used when awarding lodestar fees, fees on fees, and costs in civil right cases to

Civil Rights: $16,175.50 Fee/Costs Award Against Nonprevailing FEHA Plaintiff Reversed Because Nothing Showed Case Was Groundless

Cases: Civil Rights

  Stricter Review Is Made Of FEHA Awards In Favor Of Prevailing Defendants. “Keysville, Virginia. Randolph Henry High School. Playing baseball during gym period. Girl replaced man teacher who was drafted in the army.”  Philip Bonn, photographer.  June 1943.  Library of Congress.      Young v. Burlingame School Dist., Case No. A147012 (1st Dist., Div. 2

Allocation, Civil Rights, Paralegals, Reasonableness Of Fees: Substantial Fee Recovery Remanded Based On Merits Reversal

Cases: Allocation, Cases: Civil Rights, Cases: Paralegal Time, Cases: Reasonableness of Fees

  However, Appellate Court Provides Remand Guidance On Allocation, Paralegal Compensation, And Reasonableness Issues.      In Samuelson v. Dept. of State Hospitals, Case No. A143149 (1st Dist., Div. 2 Oct. 28, 2016) (unpublished), plaintiff was awarded $1 million in damages against defendants Dept. of State Hospitals and three psychologists hired by Napa State Hospital based

Civil Rights/Costs: Winning FEHA Defendants Wisely Waived Trial Court Costs On Appeal In Light Of Williams Decision

Cases: Civil Rights, Cases: Costs

  Respondents Did A Smart Thing On Appeal.      Respondents in McClain v. Pacific Maritime Assn., Case No. B262952 (2d Dist., Div. 6 Oct. 27, 2016) (unpublished) did a smart thing after winning a disability discrimination case and after being awarded routine costs against the losing FEHA plaintiff. Given that FEHA costs are not awardable

Civil Rights/Costs: $7,660.19 FEHA/Non-FEHA Cost Award Against Losing Plaintiff Remanded In Light Of Williams/Roman Decisions

Cases: Civil Rights, Cases: Costs

  2/8 DCA Adopts Reasoning of 2/7 DCA In Roman Decision On Costs Apportionment.      Metoyer v. L.A. Unified School Dist., Case No. B259458 (2d Dist., Div. 8 Sept. 22, 2016) (unpublished) is a situation where plaintiff brought both FEHA and non-FEHA claims, but was defensed after a jury verdict finding lack of causation—namely, that

Civil Rights: Plaintiffs, Losing Two Summary Judgment Motions, Properly Assessed $35,185 In Attorney’s Fees Under Baseless FEHA Fee-Shifting Statute

Cases: Civil Rights

  Trial Judge Reduced Defense’s First Request By 75%.      In Radakovic v. County of Los Angeles, Case No. B266194 (2d Dist., Div. 5 Sept. 1, 2016) (unpublished), a trial judge awarded attorney’s fees to the defense (L.A. County) in the sum of $35,185 after one plaintiff lost a summary judgment motion and then plaintiffs

Civil Rights/Reasonableness Of Fees: Trial Court Correctly Awarded $116,925 In Fees Out Of Requested $421,130 In FEHA Age Harassment Win For Plaintiff

Cases: Civil Rights, Cases: Reasonableness of Fees

  Reduction Justified Because Case Was Not Extraordinary.     In Moran v. Forever 21 Logistics, LLC, Case No. B265988 (2d Dist., Div. 5 Aug. 15, 2016) (unpublished), plaintiff won a $199,000 damages award on age harassment/discrimination claims and sought $421,130 in attorney’s fees (inclusive of a 1.5 multiplier) under FEHA’s discretionary fee-shifting statute.  The trial

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